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  1. Hello All, I have made some extremely stupid decisions this past 2-3 years and it has left me in a huge hole that looks impossible to get out of and I am looking for advice or any suggestions on what to do. I have been a gambling addict for the past 2-3 years and as of 2 weeks ago have finally confessed to this and I am now seeking help and have been free for 18 days now, this is my current financial situation: Creditor Name Payment Due Date Original Loan Amount Current Balance Monthly Payment Percentage of Debt
  2. Hello, I filed Chapter 7 but I filed the Schedules on November 18, 2019, the Monday after an Order Dismissing case was entered on November 14, 2019. The Order states, "The case is dismissed without prejudice and without a discharge effective on the 15th day from entry of this Order." I have to file a motion to vacate or for reconsideration of the Order within 14 days. It is now the 19th and just today, I received the notice in the mail. On Sunday 17th, I accessed PACER and I saw it on the docket as an entry but could not retrieve the notice to read it. Upon seeing this on PACER, I e
  3. I've been bankrupt for about 6 months now and was curious if anyone had any suggestions on how to start rebuilding my credit?
  4. In the late 80's I went to bankruptcy court and they reworked my student loan. I am paying $300 until I am 78 years old, twelve more years, and I am paying 7% interest. I called and wrote Petra Shipman who was the person I always spoke to about defaulted loans asking how much I would have to pay if I were to pay it early. I'm thinking, like a mortgage you would save on interest. First she sent me a statement just showing where I was and the same payment until I'm 78 years old. Then she wouldn't call back. I sent a certified letter asking for information. I received no response. The co
  5. Greetings, I received a summons from AMEX Legal including two plaintiffs. One (FSB) is claiming an amount of $11,000 owed, and the other (Centurion) is claiming $5,000 owed. I also owe two other creditors similar amounts. I'm unemployed. I have no attachable income or own any assets such as a home or land. My car is worth $1200 according to KBB and I don't own more than $4000 in other personal property (I believe, that's the amount FL Debtors' rights allow you to exempt.) In short I believe myself to be "Judgement Proof". I understand that this does not excuse my debt. I can s
  6. Hello, My question is when we file our bankruptcy in just a few weeks, if something is not listed, how long do you have to amend it later? I know I have received 4 different judgment letters in the mail this year. We moved in May and I cannot locate the information I had for judgments and a few other bills/medical bills. I know I can go to the hospitals and request our bills but where do I go for the judgments? County clerk office? Also, my husband would like to know how many years back do we go? If it is not listed on his credit report and it was from the early 90's can that stil
  7. Hi - New here. I will sum up my situation and any advice appreciated. I entered a DMP with a consumer credit counseling service to pay off about 60k in Credit Card debt after major life events made it impossible to keep up with payments. Long story short the monthly payment was too much, so the the DMP was cancelled and all cards were written off as charge offs. 1. Last payments to most of the CC were through the DMP in June 2015. So most cards officially charged off in Nov or Dec 2015 2. One item not included in DMP was a loan through Prosper. Charged off in 5/201
  8. I filed BK chapter 7 as pro se and had my Meeting with Creditors today. Trustee told me that I might be able to claim a refund of wages garnished 90 days prior to the filing. Anyone know how to go about this? Do I just ask the garnishor for the money or do I have to sue?
  9. I had bad credit and decided to do something about it. There are a lot of things about credit I am still unsure about and would appreciate the help from anyone here. 1. Can you get chapter 13 bankruptcy disputed off your credit report? 2. I've gotten regular bankruptcy taken off, but I don't know if I can dispute chapter 13 bankruptcy. Can anyone answer that question for me?
  10. The link below leads to an amazing but incredibly sad story about a family's fight with their lender, Bank of America. They ultimately prevail but at serious cost to their health and well-being. The court's opinion is long, because it contains a very thorough recitation of facts. Facts that sadly, I have heard many times before. In case you need motivation to read it, here is the first paragraph: “Franz Kafka lives. This automatic stay violation case reveals that he works at Bank of America.” http://www.leagle.com/decision/In%20BCO%2020170324943/SUNDQUIST%20v.
  11. Filed Chapter 13 Sep 2011, Bankruptcy Plan Number 8 DIRECT PAYMENTS lists 3 items, Jeep payment $265.36 WF Home mortgage (1stMortgage) $1,553.24 Wells Fargo Bank (2nd Mortgage) $275.00 These are the payments setup and ordered by the court for us to make directly to these companies. Got your attention? The first 2 went along just fine, Jeep paid off, 1st Mortgage ongoing @ 9% interest, 2nd mortgage paid $275.00 as ordered. We paid for 15 straight months, last payment was Dec 2012, so in Jan 2013 WF Charged the account off. No notification just Charged it off. Total payments
  12. I recently filed chapter 13 as a way to save my home from foreclosure. There are 10 payments that were made (before bankruptcy was filed) that the mortgage company never applied to my account. I keep asking (and emailing) my bankruptcy attorney about it but have yet to receive a response. To top it off, my loan was just switched to a new servicer. What can I do or who do I need to talk to to get my account credited for these payments? If a "lender" has provided incorrect balance, fee and/or charge information to the BK court, shouldn't my BK attorney be looking at challenging these errors?
  13. Let's get you all caught up. Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned. The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial. Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the
  14. From NYTimes 5-8-15: Bank of America and Chase will delete lines from CR after bankruptcy filings, which they should have been doing anyway. Link below. But also from the article: Bank of America promised to go further, agreeing to fundamentally change the way the bank reports all the stale debts that are sold to financial firms. For all credit-card debts sold since May 2007, court records show, the bank will remove any marks on consumers’ credit reports. That way, a lawyer said, “should a previously sold credit card account go through a bankruptcy discharge,” the mark will already be
  15. Hi Everyone, Last year my father had a botched surgery which resulted in stroke as well as short term memory loss. Since this occurred my sister and I have tried our best to make sense of his accounts and found out he had more debt than could be handle with the medical situation. One of those accounts being Municipal Credit Union which my parents had a checking account and visa card. I believe also a LOC, but not sure. Once I actually got hold of the account(s) the credit card was apparently behind by two months with the minimum payment of over $800-900. The union actually had the nerve t
  16. I'm not sure where to turn, but I don't want to ask family/friends as I'm worried how I will look in their eyes. Seems I had too much of "keeping up with the Jones'" and now I am in debt up to my ears. My problem isn't that I can't pay my debt back, I am not even late and I pay on time every month. My problem is that it is now TOO MUCH in the fact that my whole paycheck goes to debt and I don't have any left over in the end for groceries for me and my 3 small children. I'm forced with 3 options, and I don't know which is better.. 1. Get help from a debt settlement company.2. File bankruptc
  17. Two of the nation’s biggest banks will finally put to rest the zombies of consumer debt — bills that are still alive on credit reports although legally eliminated in bankruptcy — potentially providing relief to more than a million Americans. Banks Agree to Take Canceled Debts Off Credit Reports (NY Times)
  18. A family member received a letter from a JDB that is attempting to collect on an old CC debt that was included in their Ch7 bankruptcy. This is an initial contact with the proper language/disclaimers. Quick rundown - JDB is Jefferson Capital Systems (first I have heard of this particular outfit, possibly related to RJM Acquisitions) - Recently purchased the debt (no date given) - CC Debt, around $2-3K, last paid in 2009 - Discharged in BK CH7 in 2010 I've read the attempt to collect on BK discharged debt may be a violation of FDCPA Section 807: "(2) The false representation of (A) the cha
  19. I am asking this question for a friend of mine who asked me a question. Would you marry someone who just filed BK and owes the IRS alot of money- over 180K? My friend is a male and she his girlfriend is a breadwinner. Her boyfriend- my friend wanted to know the legal ramifications of marrying someone with a recent BK filing and her large IRS debt bill which has not settled yet for pennies on the dollar- ( so they say it ). His credit is not the best as well, but regular collection debt of 20K and he works and makes decent $ but not enough to avoid paying his debts to avoid being sued.
  20. Hi Everyone, I apologize in advance if I am in the wrong forum. I am posting on behalf of a dear friend of mine. Here is what I know: We are in Arizona 2007 Refinanced and took out second mortgage 1st = 200K 2nd = 85K Approx 2009 they filed Chapter 7 which included discharging the 2nd mortgage (Nov 2010). They were advised at that point to file Chapter 13 a few months later to remove the lien on the second, but they never did. Fast forward almost 4 years later. They are CURRENT on their first mortgage with a balance of approx $180 They received a letter from Trustee Corps the trustee for "P
  21. I'm just quite new member here in this community. I was searching about bankruptcy until i came through this forum. Glad to be here and I'm sure i could learn some thing new here.
  22. Hi guys!! Ok, so I wanted to come on here and ask for you guys' advice for a friend of mine. Here's the HUGE problem.... He has a $300,000 foreclosure PLUS some credit cards on his account. The problem is..... the foreclosure is a house that his mother purchased when he was 18 and tricked him into cosigning for it because he had great credit. She basically told him that he was signing for the house in case anything happened to her... it would go to him without any issues. This is when he knew nothing about this type of stuff. He just signed the papers. He didn't find out until he was like 21
  23. Hi All, I'm just looking to find how some of you cope with all the stresses of fighting debt lawsuits or surviving bankruptcy, whatever your predicament is. I initially fought debt lawsuits in 2011-2013 period, but have eventually decided to file for Bankruptcy. I have a good Bankruptcy attorney, but he is not equipped to be my psychologist , so I am trying to find a way to cope. What do all of you do when the blues hits hard? It doesn't happen much to me, but when it does, it's with full force... Last week has been particularly hard. After a lot of push and pull with the Trustee for the
  24. I'm wondering if this is even possible due to jurisdiction issues, but here is the dilemma: Lender has filed a motion for relief of stay in my bankruptcy case. The motion was supported by a declaration of one of lender's employees, who is claiming to be a custodian of records/specialist, etc. etc. The declaration was signed under penalty of perjury and some of the information in it was incorrect. Once the bankruptcy is over, is it even theoretically possible to use that declaration to launch a RESPA/QWR inquiry into how loan servicer made the oversights/errors that can be seen in the decl
  25. Long story short, I am in Chapter 7 and am surrendering my car. I am going to get a new car after I get the bankruptcy discharge (some 40 or so days from now), but need transportation in the meantime. I figured I'd just use my debit card to rent a car but have noticed a disturbing trend with some of the rental companies checking credit scores even if you use a debit card. Are there any car rental companies that are more friendly towards some of us with bad credit/bankruptcy on the credit report? Thanks.